NAPOLEON REDDICK, PETITIONER,
v.
JAMES R. MCDONOUGH, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, RESPONDENT
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Florida appellate court held that a prisoner's challenge to disciplinary loss of gain-time constitutes a collateral criminal proceeding, and therefore liens on the prisoner's account for court filing fees were improper.
A challenge to prison discipline resulting in loss of gain-time is a collateral criminal proceeding, and therefore liens on a prisoner's account for filing fees are improper.
[1] A prisoner's challenge to disciplinary sanctions resulting in loss of gain-time constitutes a collateral criminal proceeding, and therefore liens on the prisoner's accoun…
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Join FLexlaw to unlock all legal intelligenceNapoleon Reddick lost 90 days of future gain-time in a prison disciplinary proceeding and sought relief by petition for writ of mandamus in circuit co…
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PER CURIAM.
After losing 90 days of future gain-time as a consequence of a prison disciplinary proceeding, Napoleon Reddick sought relief in the circuit court by petition for writ of mandamus. The circuit court denied relief on the merits, and Reddick does not challenge that determination. However, he asserts that his claim constituted a “collateral criminal proceeding” and that the circuit court therefore erred when it declared him indigent but placed a lien on his prison account to cover the court’s filing fee pursuant to section 57.085(5), Florida Statutes (2005). See § 57.085(10), Fla. Stat. (2005); Schmidt v. Crusoe, 878 So. 2d 361 (Fla.2003). In addition, by motion for review pursuant to Florida Rule of Appellate Procedure 9.430, Reddick has challenged the circuit court’s order imposing a lien for appellate filing fees.
We agree with Reddick that the circuit court’s imposition of these liens was error. See Muhammad v. Crosby, 922 So. 2d 236 (Fla. 1st DCA 2006) (under Schmidt, any challenge to discipline that results in a loss of gain-time is a collateral criminal proceeding). Accordingly, we grant the petition for writ of certiorari to the extent of quashing the circuit court’s order imposing a lien to cover the filing fees associated with the petition for writ of mandamus, grant Reddick’s motion for review, and vacate the portion of the circuit court’s order imposing a lien for appellate filing fees. We further direct the circuit court to ensure the reimbursement of any funds that have been withdrawn from petitioner’s account to satisfy the improper lien orders.
ERVIN, BARFIELD, and POLSTON, JJ., concur.
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W.T. Parker v. McDONOUGH, 958 So. 2d 1108 (Fla. 1st DCA 2007)…ircuit court to order reimbursement of any funds that have been withdrawn from petitioner’s inmate trust account to satisfy the [*1109] improper appellate fee lien order. Wheeler v. McDonough, 957 So. 2d 94 (Fla. 1st DCA 2007); Reddick v. McDonough, 938 So. 2d 595 (Fla. 1st DCA 2006). Because petitioner challenged the loss of gain time, the proceeding below qualified as a “collateral criminal proceeding” under Schmidt v. Crusoe, 878 So. 2d 361 (Fla.2003), and there is no authority for imposing a lien under se…
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Farrand D. Clark v. McDONOUGH, 964 So. 2d 798 (Fla. 1st DCA 2007)…ct the circuit court to order reimbursement of any funds that have been withdrawn from petitioner’s inmate trust account to satisfy the improper appellate fee lien order. Wheeler v. McDonough, 957 So. 2d 94 (Fla. 1st DCA 2007); Reddick v. McDonough, 938 So. 2d 595 (Fla. 1st DCA 2006). Because, petitioner challenged the loss of gain time, the proceeding below qualified as a “collateral criminal proceeding” under Schmidt v. Crusoe, 878 So. 2d 361 (Fla.2003), and there is no authority for imposing a lien under s…
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Grooms v. Dep't OF Corr., 179 So. 3d 480 (Fla. 1st DCA 2015)…s found guilty”). On the authority of Muhammad v. Crosby, 922 So. 2d 236, 239 (Fla. 1st DCA 2006), we quash “the circuit court’s order imposing a lien to cover the filing fees associated with the petition for writ of mandamus.” Reddick v. McDonough, 938 So. 2d 595, 596 (Fla. 1st DCA 2006). Even where prison disciplinary proceedings do not result in the loss of earned gain-time, we have held mandamus petitions challenging discipline that adversely affects the ability to earn gain-time constitute collateral c…
Authorities Cited
- Schmidt v. Crusoe, 878 So. 2d 361 (Fla. 2003)
- Akeem Muhammad v. Crosby, 922 So. 2d 236 (Fla. 1st DCA 2006)